Minutes of Meeting— April 1, 2008
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:30 p.m. Robert D’Amelio called the meeting to order.
Present: Robert D’Amelio, Rodney Frias, Tom Collins, Dirk Underwood, James Vereault, Jennifer Burke, Town Planner and Teresa Vickery, Clerk
Saratoga Drive / Crestview Drive Decision
The Board discussed the conditions for the pending approval for the site plans. Ms. Burke explained to the Board that Atty. Lewis has reviewed the conditions and approves of them. She also explained that conditions # 10, 11 and 12 are site specific. These conditions are regarding lighting, service to the towers and tree removal.
Ms. Burke asked if the Chairman would sign a letter to the ZBA from the Planning Board updating them regarding the abutters concerns. Mr. Frias asked that Ms. Burke include the legitimate concerns of some of the abutters regarding a “cell tower farm”. Mr. D’Amelio suggested that Ms. Burke rewrite the letter and redistribute it to the Board. Ms. Burke suggested that the Board of Selectmen be copied on this letter because they are technically the owners of the property. The Board agreed.
Tom Collins, seconded by Dirk Underwood, made a motion to approve the plan entitled “Saratoga Water Tank, Saratoga Drive, Hudson, MA 01749” as drawn by Aerial Spectrum, Inc., Reading, MA, dated February 6, 2006 and revised______, with the following set of conditions:
A pre-construction conference will be held between the developer, the Town Planner, the DPW and other interested parties. If construction begins without this conference construction will cease immediately until the conference is held and the appropriate people are in attendance.
A list of 24-hour emergency contact information must be provided to the Town Planner at the pre-construction conference.
Hours of construction will be Monday through Saturday 7:00 a.m. to 5:00 p.m. No work or operation of machinery may happen before 7:00 a.m., in accordance with the town’s noise by-law or after 5:00 p.m. Per the Massachusetts General Laws, work on Sundays and holidays need to be permitted on a case by case basis by the Chief of Police.
Prior to the commencement of authorized site activity, the Planning Board Office shall be given 48 hours written notice. If the activity at the Project Site ceases for longer than 30 days, 48 hour written notice shall be given to the Planning Board Office prior to restarting work.
A copy of the conditions and all final approved Plans shall be kept at the Project Site.
Members or agents of the Planning Board shall have the right to enter the Project Site and to gather all information, measurements, photographs or other materials needed to ensure compliance with this approval. Members or agents of the Planning Board entering onto the Project Site for these purposes shall comply with all safety rules, Regulations and directives of the Applicant and the Applicant’s contractors.
The Planning Board’s erosion control plan as attached shall be adhered to and govern. All erosion control shall be in place and approved by the Town Planner before construction begins. Weekly erosion control reports shall be submitted to the DPW and the Planning Department no later than noontime on Fridays.
A final occupancy permit shall not be issued until an as-built plan indicating lot grading and drainage system BMP’s has been confirmed to be consistent with the approved plans to the Town Planner’s reasonable satisfaction.
If, during construction, a discrepancy is found between the approved plans and the existing regulations, the DPW and the Town Planner will be notified immediately. The DPW will make the final decision on how to proceed or if they are unable to make any decision the matter will be referred back to the Planning Board for review.
Service of the equipment will take place only Monday through Friday from 8:00 am – 5:00 pm unless there is an emergency situation.
No trees will be cut until the proposed trees are flagged and reviewed and approved by the Planning Board or its Agent.
As per the developer, there will be no lighting on the site.
Vote: 4-1-0, James Vereault opposed.
Tom Collins, seconded by Dirk Underwood, made a motion to approve the plan entitled “Murphy Water Tank RFP, 7 Crestview Drive, Hudson, MA 01749” as drawn by Aerial Spectrum, Inc., Reading, MA, dated July 7, 2007and revised______, with the following set of conditions:
A pre-construction conference will be held between the developer, the Town Planner, the DPW and other interested parties. If construction begins without this conference construction will cease immediately until the conference is held and the appropriate people are in attendance.
A list of 24-hour emergency contact information must be provided to the Town Planner at the pre-construction conference.
Hours of construction will be Monday through Saturday 7:00 a.m. to 5:00 p.m. No work or operation of machinery may happen before 7:00 a.m., in accordance with the town’s noise by-law or after 5:00 p.m. Per the Massachusetts General Laws, work on Sundays and holidays need to be permitted on a case by case basis by the Chief of Police.
Prior to the commencement of authorized site activity, the Planning Board Office shall be given 48 hours written notice. If the activity at the Project Site ceases for longer than 30 days, 48 hour written notice shall be given to the Planning Board Office prior to restarting work.
A copy of the conditions and all final approved Plans shall be kept at the Project Site.
Members or agents of the Planning Board shall have the right to enter the Project Site and to gather all information, measurements, photographs or other materials needed to ensure compliance with this approval. Members or agents of the Planning Board entering onto the Project Site for these purposes shall comply with all safety rules, Regulations and directives of the Applicant and the Applicant’s contractors.
The Planning Board’s erosion control plan as attached shall be adhered to and govern. All erosion control shall be in place and approved by the Town Planner before construction begins. Weekly erosion control reports shall be submitted to the DPW and the Planning Department no later than noontime on Fridays.
A final occupancy permit shall not be issued until an as-built plan indicating lot grading and drainage system BMP’s has been confirmed to be consistent with the approved plans to the Town Planner’s reasonable satisfaction.
If, during construction, a discrepancy is found between the approved plans and the existing regulations, the DPW and the Town Planner will be notified immediately. The DPW will make the final decision on how to proceed or if they are unable to make any decision the matter will be referred back to the Planning Board for review.
Service of the equipment will take place only Monday through Friday from 8:00 am – 5:00 pm unless there is an emergency situation.
No trees will be cut until the proposed trees are flagged and reviewed and approved by the Planning Board or its Agent.
As per the developer, there will be no lighting on the site.
Vote: 4-1-0, James Vereault opposed.
Hammond Hill Estates – Bond Reduction
Present was: Ralph Davis, PV Davis Construction
The Board is in receipt of a bond reduction request from Mr. Davis. Ms. Burke informed the Board that one occupancy permit has been signed off on and a second lot has been issued a temporary permit by the inspector. The DPW bond amount is set at approximately $66,000.
Ms. Burke suggests that the Board release the bond for one lot and reduce the bond to $61,331.50.
Dirk Underwood, seconded by Rodney Frias, made a motion to release the bond for Hammond Hill Estates to $61,331.50.
Vote: 5-0-0, Unanimous
ANR – Forbes Road
Rodney Frias recused himself.
Present was: Tom DiPersio, Thomas Land Surveyors
Mr. DiPersio presented the ANR to the Board. The plan reflects a change in the lot lines which creates 5 additional lots with adequate frontage and area. Mr. DiPersio had originally presented this ANR to the Board at its March 4, 2008 meeting. The issue was that the five new lots could not be tied into the town’s system and therefore must be septic and perc tested. Mr. D’Amelio asked what would happen if the developer cannot use septic on those lots. Mr. DiPersio explained that they could not build on them and thus may need to reconfigure the plans.
Ms. Burke informed the Board that she had spoken with Mr. Marques and he stated that he does not have a preference as to where the septic lots are to be located, however, he would prefer that they all be in the same general area.
Mr. D’Amelio disagrees with arbitrarily accepting new septic lots without knowing where they are going.
Dirk Underwood, seconded by Tom Collins, made a motion to accept the plan entitled ”Keysheet Plan of Land in Hudson, MA” as drawn by Thomas Land Surveyors, Inc., Hudson, Massachusetts, dated January 8, 2008 and Authorize the Agent to Sign.
Vote: 3-1-0, Bob D’Amelio opposed
Rodney Frias returned to the Board.
Amend Zoning By-Laws – Floodplain
Bob D’Amelio convened the public hearing.
Ms. Burke explained that this by-law brings us into compliance with state and federal law. She also explained to the Board that the Floodplain has not changed since 1979. This amendment does not change the floodplain but rather clearly identifies the district by the map and insurance study.
There was no input from the public.
Dirk Underwood, seconded by Rodney Frias, made a motion to close the public hearing.
Vote: 5-0-0, Unanimous
Amend Zoning By-Laws – Petitioned Article – Wind Energy Conversion Systems
Present were: Russell & Mark Durrenberger, Petitioners
Mr. D’Amelio convened the public hearing.
Russell Durrenberger addressed the Board. He explained that he is a student at Hudson High School who is doing a community action project which is required of all ninth grade students. The project focuses on helping the community while learning from the experience. Russell has chosen to submit a petition for a wind turbine article for the May Town Meeting. He has modeled his by-law from one that was recently passed in Harwich, MA.
Mr. D’Amelio referenced a legal opinion from Town Counsel, which notes several items of concern.
Ms. Burke cautioned Russell, that while she commends his efforts, he would benefit from withdrawing the petition for May and resubmitting it for the November Town Meeting. She explained that this would give him more time to include as much input from various town boards and committees as well as allow for public discourse. Ms. Burke went on to say that the problem is not with the subject matter but the by-law itself.
The by-law did not include references to how close to a structure or dwelling a turbine can be nor regulations as to service and site access. The by-law does not identify specific sites but rather opens up the whole Town.
Mr. Underwood asked if the article could be worked on before Town Meeting. Ms. Burke stated that the article is already on the warrant and must be presented as submitted. Mr. D’Amelio asked if changes could be made at Town Meeting. Ms. Burke indicated that she did not think so but she would check.
Mr. Frias stated that as part of the Planning Board review process that wind studies, noise tests and balloon test would most likely be required and this is a cost that the applicant must expend. The Board also explained that typically a $5,000 deposit is required for the cost of peer review. Mr. Durrenberger questioned the peer review requirement.
He asked why wouldn’t a plan stamped by an architectural engineer be sufficient. Mr. D’Amelio explained that peer review is common practice for the Board in many projects.
There was a discussion regarding the Finance Committee recommendation. John Parent, Chairman of the Finance Committee stated that the Committee did not recommend the article. He noted cost of installation, potential adequate sites and lack of Board support as reasons.
There was no input from the public.
Rodney Frias, seconded by James Vereault, made a motion to close the public hearing.
Vote: 5-0-0, Unanimous
Rodney Frias, seconded by Dirk Underwood, made a motion to not support the petitioned article.
Vote: 5-0-0, Unanimous
Minutes
Tom Collins, seconded by Dirk Underwood, moved to approve the minutes of March 4, 2008, as written.
Vote: 5-0-0
Dirk Underwood, seconded by Tom Collins, moved to approve the minutes of March 11, 2008, as written.
Vote: 5-0-0, Unanimous
Cancel Meeting
Rodney Frias, seconded by Dirk Underwood, made a motion to cancel the Planning Board meeting scheduled for April 15, 2008 at 7:30 PM.
Vote: 5-0-0, Unanimous
Adjournment
James Vereault, seconded by Dirk Underwood, moved to adjourn at 8:45 PM.
Vote: 5-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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